BILL NUMBER: AB 2479	CHAPTERED  09/30/00

	CHAPTER   1061
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN ASSEMBLY   MAY 18, 2000
	AMENDED IN ASSEMBLY   MAY 15, 2000

INTRODUCED BY   Assembly Member Kuehl

                        FEBRUARY 24, 2000

   An act to add Section 597.2 to the Penal Code, relating to cruelty
to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2479, Kuehl.  Cruelty to animals.
   Existing law punishes every person who mistreats, injures, or
causes the death of any animal, as specified.  Existing law makes it
a misdemeanor for any person who operates a pet shop, as defined, to
fail to maintain the premises and pet animals in a designated manner.

   This bill would require any person who operates a live animal
market, as defined, to treat the animals that are sold for human
consumption in accordance with various requirements.  This bill would
provide that any person who fails to comply with these provisions
shall first receive a written warning, and that a 2nd and subsequent
violation would be an infraction, punishable by a fine of not less
than $250 and not more than $1,000.  However, a fine paid for a 2nd
violation would be deferred for 6 months if a course is available
that is administered by a state or local agency on the state law and
local ordinances relating to live animal markets.  If the defendant
successfully completes that course within 6 months of entry of
judgment, the fine would be waived.  The state or local agency would
be authorized to charge the participant a fee to take the course, not
to exceed $100.  Because it creates a new crime, this bill would
impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 597.2 is added to the Penal Code, to read:
   597.2.  (a) Every person who operates a live animal market shall
do all of the following:
   (1) Provide that no animal will be dismembered, flayed, cut open,
or have its skin, scales, feathers, or shell removed while the animal
is still alive.
   (2) Provide that no live animals will be confined, held, or
displayed in a manner that results, or is likely to result, in
injury, starvation, dehydration, or suffocation.
   (b) As used in this section:
   (1) "Animal" means frogs, turtles, and birds sold for the purpose
of human consumption, with the exception of poultry.
   (2) "Live animal market" means a retail food market where, in the
regular course of business, animals are stored alive and sold to
consumers for the purpose of human consumption.
   (c) Any person who fails to comply with any requirement of
subdivision (a) shall for the first violation, be given a written
warning in a written language that is understood by the person
receiving the warning.  A second or subsequent violation of
subdivision (a) shall be an infraction, punishable by a fine of not
less than two hundred fifty dollars ($250), nor more than one
thousand dollars ($1,000).  However, a fine paid for a second
violation of subdivision (a) shall be  deferred for six months if a
course is available that is administered by a state or local agency
on state law and local ordinances relating to live animal markets.
If the defendant successfully completes that course within six months
of entry of judgment, the fine shall be waived.  The state or local
agency may charge the participant a fee to take the course, not to
exceed one hundred dollars ($100).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
